BADARI AND OTHERS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE instant appeal was preferred by three appellants Badari, Phool Chand sons of Ram Kishun and Ram Tirath son of Thakur. Badari is dead and appeal stands abated in respect of appellant no. 1.

(2.) ARGUMENT has been advanced in respect of appellant nos. 2 and 3. They are convicted under Section 307/34 I.P.C. and sentenced to undergo 5 years R.I. in Sessions Trial No. 135 of 1979-State Vs. Badari and two others, Police Station Mubarakpur, District Azamgarh. Sri Rajiv Lochan Shukla appears on behalf of the appellants and A.G.A. represents the State.

(3.) THE prosecution case is that on the date and time of occurrence the first informant was running his tube-well and water was flowing from the Government Nali which is commonly used by accused as well. Each of the tube-well owners are allowed to use the Government Nali to flow the water to irrigate their respective fields but the drain is used one at a time. Two tube-wells cannot run simultaneously and make the water flow through the Government Nali. According to prosecution case as narrated in the F.I.R. the accused stopped the flow of water of the first informant and started their own tube-well and water was flowing to the fields of Badari which led to an altercation. The accused Badari assaulted Chhotak with spade, Phool Chand and Ram Tirath were armed with Ballam. All the three accused assaulted Chhotak causing injuries on his chest. Witness Madan, Indram, Gorakh and Balihari resident of Kukudipur tried to intervene. However, Chhotak fell down as a result of injuries and he was taken to the hospital. Balihari is also alleged to have received injuries in the said incident. The F.I.R. was lodged by PW-1 Bajjan.